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Difference between revisions of "Spousal and Child Support (3:X)"
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Spousal and Child Support (3:X) (view source)
Revision as of 03:55, 24 July 2016
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=== 1. Family Maintenance Enforcement Act (RSBC 1996, c 127) [FMEA] === | === 1. Family Maintenance Enforcement Act (RSBC 1996, c 127) [FMEA] === | ||
The [http://canlii.ca/t/840m ''FMEA''], passed in 1988, gives the provincial government extensive powers to collect support arrears including: | |||
*a Notice of Attachment (s 17); | *a Notice of Attachment (s 17); | ||
*12-month garnishing orders (s 18); | *12-month garnishing orders (s 18); | ||
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*Attachment of money owing by the Crown (s 25) including Income Tax refunds and Employment Insurance benefits directly from the Federal Crown. | *Attachment of money owing by the Crown (s 25) including Income Tax refunds and Employment Insurance benefits directly from the Federal Crown. | ||
The | The [https://www.fmep.gov.bc.ca/ Family Maintentance Enforcement Program (FMEP)] can only enforce support orders if the payor is in its jurisdiction or sister jurisdictions that will assist in enforcing the order. For a complete list of sister jurisdictions see https://www.fmep.gov.bc.ca/paying-or-receiving-maintenance/out-of-province-orders/other-jurisdictions/. | ||
Any person, who receives a support order or separation agreement that has been filed in court, may voluntarily register with the program. Soon, there will be a change in this collection method. It will no longer the case that the provincial government will help people track down people not paying the required support orders. Under this new scheme, any support received by a person will not be deducted from any benefits that the person might also be receiving. This change is only for people who are on income assistance, but they can opt in so that the | Any person, who receives a support order or separation agreement that has been filed in court, may voluntarily register with the program. Soon, there will be a change in this collection method. It will no longer the case that the provincial government will help people track down people not paying the required support orders. Under this new scheme, any support received by a person will not be deducted from any benefits that the person might also be receiving. This change is only for people who are on income assistance, but they can opt in so that the FMEP will pursue support on their behalf. | ||
=== 2. Reciprocal Enforcement === | === 2. Reciprocal Enforcement === | ||
